The existence of an arbitration clause does not exclude the jurisdiction of the ordinary court to issue an order for payment, given that the rules governing arbitral proceedings do not contemplate the issue of measures without a hearing of the other party. However, in the event of subsequent opposition based on the existence of the said clause, the court must declare the nullity of the opposed order and the concurrent referral of the dispute to the arbitrators.
In the absence of an express indication by the parties to refer the dispute to contractual arbitration (arbitrato irrituale), an arbitration clause expressing the general intention to refer the dispute to arbitrators is to be interpreted, pursuant to Article 808-ter of the Code of Civil Procedure, as referring to arbitration. Contractual arbitration (arbitrato irrituale) being an atypical institution, derogating from the typical institution regulated by law and lacking the safeguards provided by the legislature, in the absence of a derogating intention clearly discernible from the arbitration agreement, the reference to the resolution of certain disputes by arbitration constitutes an expression of the intention to refer to the typical institution of arbitration regulated by the Code of Civil Procedure.
An arbitration clause contained in a contract is not subject to the requirement of specific written approval under Article 1341 of the Civil Code where the contract has not been drawn up to regulate an indefinite series of contractual relationships, but with exclusive reference to the individual contractual relationship. The rules on unfair terms operate, for the protection of the weaker contracting party, only in cases of contracts with general conditions drawn up by one of the parties or of contracts concluded by means of standard forms or templates, and not where the contract is an expression of the common will of the parties.